Defamation Solicitors: What They Do, How to Choose One and What It Costs

What is a defamation solicitor?

A defamation solicitor is a solicitor who advises on libel and slander claims in England and Wales (see our glossary for the terms). Claims for defamation are dealt with in the High Court’s Media and Communications List, which also deals with claims for misuse of private information, data protection, harassment by publication and malicious falsehood (judiciary.uk).

Defamation Guard is not a law firm, is not regulated by the Solicitors Regulation Authority and does not give legal advice (see our disclaimer). This page explains what to look for in an independent solicitor and what the rules say about the steps a claim follows.

What does a defamation solicitor do?

The Pre-action Protocol for Media and Communications Claims sets out the steps the courts treat as the normal reasonable approach before a claim is issued. It applies to claims in defamation and the other claims dealt with in the Media and Communications List. In outline, a solicitor acting on a claim works through these stages:

1. Assessing the claim. Section 1(1) of the Defamation Act 2013 provides that a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. For a body that trades for profit, section 1(2) requires serious financial loss. Our guide to the serious harm test explains how courts approach this.
2. Letter of Claim. The protocol expects the claimant to notify the defendant in writing at the earliest reasonable opportunity. In a defamation claim the letter should identify the publication and the statement complained of, the imputation the claimant says it conveyed, any factual inaccuracies or unsupportable comment, and how or why the statement has caused or is likely to cause serious harm for the purposes of section 1. It should also give details of any funding arrangement in place (protocol, paragraphs 3.1 and 3.2).
3. The defendant’s response. The protocol says the defendant should provide a full response as soon as reasonably possible; if they cannot respond within 14 days (or any shorter time limit in the Letter of Claim) they should specify the date by which they intend to respond (paragraph 3.6). The same protocol therefore matters to people accused of defamation as well as to claimants.
4. Settlement and alternative dispute resolution. The protocol states that court proceedings should be a last resort and that the court will expect the parties to have considered ADR, such as without prejudice discussions or mediation (paragraphs 3.8 and 3.9).
5. Court proceedings. If the protocol procedure has not resolved the dispute, the parties are expected to review their positions and consider whether proceedings can be avoided or the issues narrowed (paragraph 3.11). Where proceedings are issued, defamation claims are heard in the Media and Communications List.

Related work such as asking a platform to remove content or identifying an anonymous publisher is covered in our guides to online defamation and Norwich Pharmacal orders.

How long do I have to instruct a defamation solicitor?

Section 4A of the Limitation Act 1980 provides that no action for libel or slander may be brought after the expiration of one year from the date on which the cause of action accrued (legislation.gov.uk). Section 32A allows the court to direct that the time limit does not apply if it appears equitable to allow the action to proceed, having regard to the degree to which the limit prejudices the claimant and a decision to disapply it would prejudice the defendant, and to all the circumstances, including the length of and reasons for the delay (legislation.gov.uk). Because the period is a single year, it is sensible to seek advice from a solicitor early rather than rely on the court’s discretion.

How do I check a defamation solicitor is regulated?

The Solicitors Regulation Authority (SRA) publishes the Solicitors Register, which it describes as the definitive impartial source of information about the law firms and people it regulates. Search it for the individual solicitor and the firm before you instruct them.

Solicitors the SRA regulates must follow its Code of Conduct. Two of its requirements are useful when you compare firms: paragraph 8.3 requires clients to be told in writing at the time of engagement about their right to complain and any right to complain to the Legal Ombudsman, and paragraph 8.7 requires clients to receive the best possible information about how their matter will be priced and about the likely overall cost of the matter and any costs incurred, both at engagement and as the matter progresses (SRA Code of Conduct).

What should I ask a defamation solicitor before instructing them?

• Do you handle claims in the Media and Communications List, and how often do you act for claimants or for defendants?
• Who will be the named solicitor responsible for my matter, and who will do the day-to-day work?
• How will my matter be priced, and what is your estimate of the likely overall cost at each stage?
• What funding options do you offer — fixed fee, hourly rate or a conditional fee agreement — and on what terms?
• What happens to the fees if I settle, withdraw or lose?
• How do I complain if I am unhappy with the service?
• What deadlines apply to my situation, including the one-year time limit?

Our defamation solicitor selection checklist turns these into a side-by-side comparison you can use when speaking to more than one firm.

How do defamation solicitors charge?

Legal aid is not an option for most people: civil legal services provided in relation to defamation or malicious falsehood are listed as excluded services in Part 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legislation.gov.uk). Funding is therefore agreed privately with the solicitor, and the rules in the SRA Code of Conduct above apply to what you must be told about price.

Our fees and funding guide describes the fixed-fee, hourly-rate and conditional-fee arrangements that specialist solicitors typically use. If you are looking for a solicitor who will take a case on a no win, no fee basis, read no win no fee libel solicitors: how conditional fee agreements work, which explains how the law treats success fees in defamation claims.

Find defamation solicitor information by location

Claims in the Media and Communications List are heard in the Royal Courts of Justice in London (judiciary.uk). Our location guides set out local context for each city:

• London
• Manchester
• Birmingham
• Leeds
• Bristol
• Edinburgh
• Glasgow
• Cardiff
• Liverpool
• Sheffield
• Nottingham
• Oxford
• Cambridge
• Brighton
• Southampton
• York
• Reading
• Exeter
• Newcastle
• Belfast
• Plymouth
• Norwich
• Coventry
• Leicester
• Sunderland
• Wolverhampton
• Stoke-on-Trent
• Derby
• Swansea
• Portsmouth
• Milton Keynes
• Cheltenham
• Bath
• Chelmsford

Frequently asked questions

Sources

• Defamation Act 2013, section 1 (serious harm)
• Limitation Act 1980, section 4A (time limit for defamation)
• Limitation Act 1980, section 32A (discretionary exclusion of the time limit)
• Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1, Part 2 (excluded services)
• Pre-action Protocol for Media and Communications Claims (Civil Procedure Rules, justice.gov.uk)
• Media and Communications List (judiciary.uk)
• SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs, paragraphs 8.3 and 8.7
• SRA Solicitors Register

This page is general information, not legal advice. Defamation Guard is an information and referral service and is not a law firm. See our disclaimer. The law is stated as at the date of the sources above; check the current position with an independent solicitor.